Analysing property law in Cabo Verde: land, title, registration

Buying, selling or building in Cabo Verde requires understanding a legal framework of its own, shaped by the history of aforamento and by recent land reforms. The main pieces: the Civil Code of Cabo Verde (1997) on ownership matters and Decree-Law No. 2/2007 of 19 July (Regime Jurídico dos Solos), complemented by Decree-Law No. 3/2007 on expropriation for public use.

Public domain, private domain and aforamento

• a significant part of the country’s historical land was granted in aforamento (domínio útil, useful domain), a regime that separates the direct domain from the useful domain, relevant in transfers and redemption of the ground rent (remição de foro);
• the Regime Jurídico dos Solos (Decree-Law No. 2/2007) redefined the categories of land and the public domain of the State and the municipalities.

Land registry

The essential rule: the security of a transfer depends on registration. Before buying, confirm at the land registry the ownership, the encumbrances and the description of the property. Promissory contracts do not replace registration.

Purchase by foreigners

Foreigners may acquire real estate in Cabo Verde, observing the applicable legal limits (notably in specific zones or land under special regimes). The process goes through a notarial deed and registration.

Expropriation

Expropriation for public use is only possible against just compensation, under Decree-Law No. 3/2007 (a fundamental right also enshrined in the Constitution).

Key points

• always check the land registry before any transaction;
• land held under aforamento has its own transfer and redemption rules;
• expropriation requires just compensation;
• construction projects require municipal licensing.

When to speak with a lawyer

Legal support is recommended for land purchases, inheritances with real estate, boundary disputes, aforamento and licensing. The directory lists property lawyers.

This page is general information, not legal advice.